DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/647)

CDMT REO PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 MARCH 2019

Application for approval of the CDMT Reo Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CDMT Reo Pty Ltd / CFMEU Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2019. The nominal expiry date of the Agreement is 1 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Reo Pty Ltd for the approval of a new enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the proposed changes to the agreement which aimed to modernise the working conditions, remuneration, and various employment terms within the company. The decision was rendered by the Fair Work Commission, an independent statutory tribunal responsible for resolving employment disputes and facilitating fair work practices in Australia.

The primary legal issues that the Fair Work Commission had to address were whether the proposed changes in the agreement complied with the provisions of the Fair Work Act 2009, and whether the agreement was made in the spirit of the Act, which promotes cooperative and productive workplace relations. Specifically, the Commission needed to determine if the changes were fair and reasonable in all aspects, including the protection of employees' rights and interests, and whether the process of reaching the agreement was fair.

The Fair Work Commission considered the evidence presented by both parties, including the negotiation process, the terms of the agreement, and the submissions made by the CFMEU and Reo Pty Ltd. The Commission found that the agreement, while incorporating significant changes, was made in good faith and reflected a fair and reasonable outcome for both parties. The changes addressed modern business needs while maintaining a balance between the interests of the employees and the company. The Commission concluded that the agreement was consistent with the objectives of the Fair Work Act and approved the application for the agreement's registration.

The Fair Work Commission approved the application for the approval of the CDMT Reo Pty Ltd / CFMEU Collective Agreement 2018. The agreement was registered under the Fair Work Act 2009, effective from the date of the decision.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established